COMMONWEALTH OF Legislative Journal

FRIDAY, FEBRUARY 5, 2021

SESSION OF 2021 205th OF THE GENERAL ASSEMBLY No. 8

SENATE RE: Recall to Session Tomorrow, Friday, February 5, 2021 FRIDAY, February 5, 2021 The Senate is recalled for voting session, tomorrow, Friday, Febru- The Senate met at 11:55 a.m., Eastern Standard Time. ary 5, at 11:30 am. There will also be a voting meeting of the Rules and Executive Nominations Committee via Zoom in the Senate Chamber.

The PRESIDENT pro tempore (Senator Jacob D. Corman III) DESIGNATIONS OF MEMBERS TO STANDING in the Chair. COMMITTEES OF THE SENATE PRAYER The PRESIDENT pro tempore laid before the Senate the following communication, which was read by the Clerk as fol- The following prayer was offered by Hon. MEGAN MAR- lows: TIN, Secretary of the Senate: SENATE OF PENNSYLVANIA

Let us pray. February 5, 2021 I found these inspirational words, which I would like to share with all of you today. The Optimist Creed: (Reading) TO: The Honorable Megan Martin Secretary of the Senate To be so strong that nothing can disturb your peace of mind. To talk health, happiness, and prosperity to every person you meet. To make all FROM: Senator your friends feel that there is something in them. To look at the sunny President Pro Tempore side of everything and make your optimism come true. To think only of the best, to work only for the best, and to expect only the best. To be SUBJECT: Standing Committee Changes just as enthusiastic about the success of others as you are about your own. To forget the mistakes of the past and press on to the greater Pursuant to Rule XIV of the Rules of the Senate, I hereby remove achievements of the future. To wear a cheerful countenance at all times Senator John DiSanto from the Appropriations Committee and replace and give every living creature you meet a smile. To give so much time him with Senator . to the improvement of yourself that you have no time to criticize others. Pursuant to Rule XIV of the Rules of the Senate, I hereby remove To be too large for worry, too noble for anger, too strong for fear, and Senator Robert Tomlinson from the Urban Affairs and Housing Com- too happy to permit the presence of trouble. To think well of yourself mittee and replace him with Senator . and to proclaim this fact to the world, not in loud words, but in great The vacancy on the Intergovernmental Operations Committee will deeds. To live in the faith that the whole world is on your side, so long be filled by Senator Ryan Aument. as you are true to the best that is in you. The vacancy on the Game and Fisheries Committee will be filled by Senator John Gordner. Amen. DESIGNATIONS OF MEMBERS TO PLEDGE OF ALLEGIANCE SPECIAL COMMITTEE ON ELECTION INTEGRITY AND REFORM (The Pledge of Allegiance was recited by those assembled.) The PRESIDENT pro tempore laid before the Senate the fol- GENERAL COMMUNICATIONS lowing communication, which was read by the Clerk as follows: RECALL OF REGULAR SESSION SENATE OF PENNSYLVANIA

The PRESIDENT pro tempore laid before the Senate the fol- February 4, 2021 lowing communication, which was read by the Clerk as follows: TO: The Honorable Megan Martin

SENATE OF PENNSYLVANIA FROM: Senator JAKE CORMAN President Pro Tempore February 4, 2021 SUBJECT: Special Committee on Election Integrity and Reform TO: President and All Members of the Senate Appointment

FROM: Senator JAKE CORMAN Pursuant to Senate Rules 5(a)(2) and 26, Mason's Manual of Legis- President Pro Tempore lative Procedure Section 644.1, and as authorized by Senate motion 146 LEGISLATIVE JOURNAL — SENATE FEBRUARY 5, adopted on January 5, 2021, as President Pro Tempore, I hereby appoint Secretary and Department State Government the following Majority members to the Special Committee on Election of General Services Integrity and Reform: Secretary and Department Health and Human Services of Health Commissioner and Department Banking and Insurance Senator , Chair of Insurance Senator Ryan Aument Secretary and Department of Labor and Industry Senator Lisa Baker Labor and Industry Senator Secretary and Department of Health and Human Services Senator Jake Corman, ex officio Human Services Secretary and Department Finance The Special Committee shall expire at such time as the Committee of Revenue issues its final report to the Senate of Pennsylvania. Commissioner and Pennsylvania State Police Law and Justice Secretary and Department Transportation of Transportation COMMITTEE DESIGNATIONS UNDER Secretary and Office of State Government Administration REGULATORY REVIEW ACT General Counsel and Office State Government of General Counsel The PRESIDENT pro tempore laid before the Senate the fol- Secretary and Office of Budget Appropriations lowing communication, which was read by the Clerk as follows: Commissioner and Bureau of Consumer Protection and Professional and Occupational Affairs Professional Licensure SENATE OF PENNSYLVANIA Executive Board State Government Armory Board Veterans' Affairs and Emergency February 4, 2021 Preparedness Ben Franklin Technology Community, Economic and Development Authority Recreational Development To: Honorable Megan Martin Board of Claims State Government Secretary of the Senate Board of Coal Mine Safety Environmental Resources and Energy From: JAKE CORMAN Board of Finance and Revenue Finance President Pro Tempore Board of Governors of State Education System of Higher Education Subject: Committee Designation Under Board of Pardons Judiciary Board of Probation and Parole Judiciary Regulatory Review Act Civil Service Commission State Government Commonwealth Financing Authority Community, Economic and Under the provisions of Act 181 of 1982, as amended and reen- Recreational Development acted, known as the Regulatory Review Act, as President Pro Tempore Constables' Education and Judiciary of the Senate, I hereby designate the following standing committees for Training Board the purpose of regulatory review as authorized in the Act. Pennsylvania Commission on Sentencing Judiciary The designated standing committee for any departmental board, State Coroners' Education Board Judiciary commission, committee, and other agency not listed herein shall be the Council on the Arts State Government PA Sheriff and Deputy Sheriffs' Local Government standing committee listed for that department. The Committee on Rules Education and Training Board and Executive Nominations shall be the designated standing committee Environmental Hearing Board Environmental Resources for the purpose of regulatory review for any other agency not specifi- and Energy cally listed. Environmental Quality Board Environmental Resources and Energy AGENCY COMMITTEE Higher Educational Assistance Agency Education Higher Education Facilities Authority Education Governor and Office of State Government Historical and Museum Commission State Government the Governor State Horse Racing Commission Agriculture and Rural Attorney General and Office Judiciary Affairs of the Attorney General Human Relations Commission Labor and Industry Auditor General and Office Finance Independent Regulatory Intergovernmental Operations of Auditor General Review Commission State Treasurer and Treasury Finance Industrial Board Labor and Industry Department Joint Committee on Documents Rules and Executive Adjutant General and Department Veterans' Affairs and Emergency Nominations of Military and Veterans' Affairs Preparedness Labor Relations Board Labor and Industry Secretary and Department Aging and Youth Liquor Control Board Law and Justice of Aging Lobbying Disclosure Law Regulation State Government Secretary and Department Agriculture and Rural Promulgation Committee of Agriculture Affairs Milk Marketing Board Agriculture and Rural Secretary and Department Banking and Insurance Affairs of Banking and Securities Pennsylvania Municipal Local Government Secretary and Department Community, Economic and Retirement System of Community and Economic Recreational Development Municipal Police Officers Education Law and Justice Development and Training Commission Secretary of the Commonwealth State Government Office of Open Records State Government and Department of State Pennsylvania Commission on Crime Judiciary Secretary and Department of Environmental Resources and Delinquency Conservation and Natural and Energy Pennsylvania Economic Development Community, Economic and Resources Financing Authority Recreational Development Secretary and Department Judiciary Pennsylvania Emergency Management Veterans' Affairs and of Corrections Council Emergency Preparedness Secretary and Department Health and Human Services Pennsylvania Emergency Management Veterans' Affairs and of Drug and Alcohol Programs Agency Emergency Preparedness Secretary and Department Education Pennsylvania Energy Development Environmental Resources of Education Authority and Energy Secretary and Department Environmental Resources Pennsylvania Gaming Control Board Community, Economic and of Environmental Protection and Energy Recreational Development 2021 LEGISLATIVE JOURNAL — SENATE 147

Pennsylvania Health Care Cost Health and Human Services State Board of Optometry Consumer Protection and Containment Council Professional Licensure Pennsylvania Housing Finance Agency Urban Affairs and Housing State Board of Osteopathic Medicine Consumer Protection and Pennsylvania Industrial Development Community, Economic and Professional Licensure Authority Recreational Development State Board of Pharmacy Consumer Protection and Pennsylvania Infrastructure Investment Environmental Resources Professional Licensure Authority and Energy State Board of Physical Therapy Consumer Protection and Pennsylvania Minority Business Community, Economic and Professional Licensure Development Authority Recreational Development State Board of Podiatry Consumer Protection and Philadelphia Parking Authority Consumer Protection and Professional Licensure Professional Licensure State Board of Psychology Consumer Protection and Public Employee Retirement Finance Professional Licensure Commission State Registration Board for Consumer Protection and Public School Employees' Finance Professional Engineers, Land Professional Licensure Retirement Board Surveyors and Geologists Professional Standards and Education State Real Estate Commission Consumer Protection and Practices Commission Professional Licensure Public Utility Commission Consumer Protection and State Board of Examiners Consumer Protection and Professional Licensure in Speech-Language and Hearing Professional Licensure State Agricultural Land Preservation Agriculture and Rural Affairs State Board of Veterinary Medicine Consumer Protection and Board Professional Licensure State Athletic Commission State Government State Board of Social Workers, Consumer Protection and State Board of Education Education Marriage and Family Therapists Professional Licensure State Employees' Retirement Board Finance and Professional Counselors State Board for Certification Environmental Resources of Sewage Enforcement Officers and Energy HOUSE MESSAGES State Board for Certification of Water Environmental Resources and Wastewater Systems Operators and Energy State Board of Private Academic Schools Education SENATE BILL RETURNED WITH AMENDMENTS State Board of Private Licensed Schools Education State Conservation Commission Agriculture and Rural The Clerk of the House of Representatives returned to the Affairs State Ethics Commission State Government Senate SB 109, with the information the House has passed the State Health Care Policy Board Health and Human Services same with amendments in which the concurrence of the Senate State Public School Building Authority Education State Tax Equalization Board Finance is requested. State Transportation Commission Transportation The PRESIDENT pro tempore. Pursuant to Senate Rule Turnpike Commission Transportation 13(c)(2)(i), the bill will be referred to the Committee on Rules Underground Storage Tank Banking and Insurance Indemnification Board and Executive Nominations. Unemployment Compensation Labor and Industry Board of Review State Veterans' Commission Veterans' Affairs and Emergency HOUSE CONCURS IN SENATE BILL Preparedness Workers' Compensation Appeal Board Labor and Industry The Clerk of the House of Representatives returned to the State Workers' Insurance Board Labor and Industry State Board of Accountancy Consumer Protection and Senate SB 2, with the information the House has passed the same Professional Licensure without amendments. State Architects Licensure Board Consumer Protection and Professional Licensure State Board of Auctioneer Examiners Consumer Protection and HOUSE BILLS FOR CONCURRENCE Professional Licensure State Board of Barber Examiners Consumer Protection and Professional Licensure The Clerk of the House of Representatives presented to the State Board of Chiropractic Consumer Protection and Senate the following bills for concurrence, which were referred Professional Licensure State Board of Cosmetology Consumer Protection and to the committees indicated: Professional Licensure State Board of Crane Operators Consumer Protection and February 4, 2021 Professional Licensure State Board of Dentistry Consumer Protection and HB 11, 12 and 16 -- Committee on Transportation. Professional Licensure State Board of Funeral Directors Consumer Protection and February 5, 2021 Professional Licensure State Board of Landscape Architects Consumer Protection and Professional Licensure HB 101, 110 and 187 -- Committee on Agriculture and Rural State Board of Massage Therapy Consumer Protection and Affairs. Professional Licensure HB 326 -- Committee on Veterans Affairs and Emergency State Board of Medicine Consumer Protection and Professional Licensure Preparedness. State Board of Certified Consumer Protection and Real Estate Appraisers Professional Licensure BILLS INTRODUCED AND REFERRED State Board of Vehicle Manufacturers, Consumer Protection and Dealers and Salespersons Professional Licensure Navigation Commission for Consumer Protection and The PRESIDENT pro tempore laid before the Senate the fol- the Delaware River and its Professional Licensure lowing Senate Bills numbered, entitled, and referred as follows, Navigable Tributaries which were read by the Clerk: State Board of Nursing Consumer Protection and Professional Licensure State Board of Examiners Consumer Protection and February 4, 2021 of Nursing Home Administrators Professional Licensure State Board of Occupational Therapy Consumer Protection and Senators HUTCHINSON, J. WARD and PITTMAN pre- Education and Licensure Professional Licensure sented to the Chair SB 161, entitled: 148 LEGISLATIVE JOURNAL — SENATE FEBRUARY 5,

An Act providing for the establishment of affordable energy devel- Which was committed to the Committee on STATE GOV- opment zones and for powers and duties of the Department of Commu- ERNMENT, February 5, 2021. nity and Economic Development and the Department of Revenue; au- thorizing expenditures; and providing for tax exemptions and tax cred- its. Senators BARTOLOTTA, KEARNEY, STREET, STEFANO, CAPPELLETTI, BLAKE, SCHWANK, TARTAGLIONE, Which was committed to the Committee on FINANCE, Feb- REGAN, COSTA, BOSCOLA and MUTH presented to the ruary 4, 2021. Chair SB 167, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania Consoli- dated Statutes, in commercial drivers, further providing for definitions; February 5, 2021 and, in driving after imbibing alcohol or utilizing drugs, further provid- ing for driving under influence of alcohol or controlled substance and Senators MARTIN, AUMENT, GORDNER, MENSCH, for authorized use not a defense. BAKER, PHILLIPS-HILL, J. WARD, BROOKS, MASTRIANO, REGAN, PITTMAN and SCHWANK presented Which was committed to the Committee on TRANSPORTA- to the Chair SB 162, entitled: TION, February 5, 2021. An Act amending the act of May 25, 1945 (P.L.1050, No.394), known as the Local Tax Collection Law, further providing for applica- Senators HUGHES, MENSCH, STREET, FONTANA, tion of act; providing for payment of property tax through 2021; and further providing for discounts, penalties and notice. KEARNEY, SANTARSIERO, SCHWANK, BROWNE, STEFANO, AUMENT and COMITTA presented to the Chair Which was committed to the Committee on FINANCE, Feb- SB 168, entitled: An Act amending the act of December 18, 2001 (P.L.949, No.114), ruary 5, 2021. known as the Workforce Development Act, in industry partnerships, further providing for definitions, for industry clusters, for interdepart- Senators SCHWANK, FONTANA, HUGHES, STREET, mental cooperation and for industry and labor market research and COLLETT, SANTARSIERO, BLAKE, TARTAGLIONE, providing for dissemination of industry and labor market research to COSTA, KANE and CAPPELLETTI presented to the Chair SB educational institutions. 163, entitled: An Act providing for social bias and cultural competence training Which was committed to the Committee on LABOR AND for public employees and licensees and imposing duties on the Pennsyl- INDUSTRY, February 5, 2021. vania Human Relations Commission. RESOLUTIONS INTRODUCED AND REFERRED Which was committed to the Committee on INTERGOV- The PRESIDENT pro tempore laid before the Senate the fol- ERNMENTAL OPERATIONS, February 5, 2021. lowing Senate Resolutions numbered, entitled, and referred as follows, which were read by the Clerk: Senators SCHWANK, FONTANA, COLLETT, KANE, KEARNEY, BARTOLOTTA, SANTARSIERO, BROWNE, February 4, 2021 BREWSTER, COSTA, YUDICHAK, SAVAL, BOSCOLA and MUTH presented to the Chair SB 164, entitled: Senators MASTRIANO, ARGALL, DiSANTO, HUTCHIN- An Act amending the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, in emergency finance and tax provisions, SON, MENSCH, SCAVELLO and J. WARD presented to the providing for exemption from income. Chair SR 23, entitled: A Concurrent Resolution terminating the March 6, 2020, Proclama- Which was committed to the Committee on FINANCE, Feb- tion of Disaster Emergency issued under the hand and Seal of the Gov- ernor, Thomas Westerman Wolf. ruary 5, 2021. Which was committed to the Committee on VETERANS Senators SCHWANK, FONTANA, KEARNEY, HUGHES, AFFAIRS AND EMERGENCY PREPAREDNESS, February 4, COSTA, COMITTA and L. WILLIAMS presented to the Chair 2021. SB 165, entitled: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in professional employees, February 5, 2021 further providing for qualifications; and, in certification of teachers, further providing for State certificates. Senators SCAVELLO, BROWNE, J. WARD, STREET, FONTANA, VOGEL, PHILLIPS-HILL, PITTMAN, Which was committed to the Committee on EDUCATION, YUDICHAK and STEFANO presented to the Chair SR 24, enti- February 5, 2021. tled: A Resolution recognizing the week of February 14 through 20, Senators SCHWANK and COMITTA presented to the Chair 2021, as "National Future Business Leaders of America-Phi Beta SB 166, entitled: Lambda Week" in Pennsylvania. An Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, in powers and duties of the Which was committed to the Committee on RULES AND Department of Drug and Alcohol Programs, further providing for de- EXECUTIVE NOMINATIONS, February 5, 2021. partment powers and duties and establishing the Drug and Alcohol Facility License Account; and making inconsistent repeals of certain provisions of the Human Services Code. 2021 LEGISLATIVE JOURNAL — SENATE 149

APPOINTMENTS BY THE The yeas and nays were taken agreeably to the provisions of PRESIDENT PRO TEMPORE the Constitution and were as follows, viz:

The PRESIDENT pro tempore. The Chair wishes to announce YEA-48 the President pro tempore has made the following appointments: Senator as member of the Public School Employ- Argall Corman Laughlin Scavello Aument Costa Martin Stefano ees' Retirement Board. Baker DiSanto Mastriano Street Senator as a member of the Local Government Bartolotta Dush Mensch Tartaglione Commission. Blake Fontana Muth Tomlinson Boscola Gordner Phillips-Hill Vogel Mr. Marvin G. Meteer as a member of the Local Government Brewster Haywood Pittman Ward, Judy Advisory Committee. Brooks Hughes Regan Ward, Kim Mr. John F. Mizner as a member of the Independent Regula- Browne Hutchinson Robinson Williams, Anthony H. Cappelletti Kane Sabatina Williams, Lindsey tory Review Commission. Collett Kearney Santarsiero Yaw Comitta Langerholc Saval Yudichak BILL SIGNED The PRESIDENT pro tempore (Senator Jacob D. Corman III) NAY-0 in the presence of the Senate signed the following bill: A constitutional majority of all the Senators having voted SB 2. "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate present said bill to LEGISLATIVE LEAVES the House of Representatives for concurrence. The PRESIDENT pro tempore. The Chair recognizes the gen- RECESS tleman from Columbia, Senator Gordner. Senator GORDNER. Mr. President, I request legislative The PRESIDENT pro tempore. The Chair recognizes the gen- leaves for Senator Regan, Senator Tomlinson, Senator Kim tleman from Columbia, Senator Gordner. Ward, and Senator Yaw. Senator GORDNER. Mr. President, I request a recess of the The PRESIDENT pro tempore. Senator Gordner requests Senate for the purpose of a meeting of the Committee on Rules legislative leaves for Senator Regan, Senator Tomlinson, Senator and Executive Nominations to be held immediately here on the , and Senator Yaw. Without objection, the leaves will floor and via Zoom. be granted. The PRESIDENT pro tempore. For the purpose of a meeting of the Committee on Rules and Executive Nominations to be LEAVE OF ABSENCE held immediately here on the floor and via Zoom, without objec- tion, the Senate stands in recess. Senator COSTA asked and obtained a leave of absence for Senator SCHWANK, for today's Session, for personal reasons. AFTER RECESS CALENDAR The PRESIDENT pro tempore. The time of recess having expired, the Senate will come to order. THIRD CONSIDERATION CALENDAR BILL REPORTED FROM COMMITTEE SB 49 CALLED UP OUT OF ORDER Senator GORDNER, from the Committee on Rules and Exec- SB 49 (Pr. No. 31) -- Without objection, the bill was called utive Nominations, reported the following bill: up out of order, from page 1 of the Third Consideration Calen- dar, by Senator GORDNER, as a Special Order of Business. SB 109 (Pr. No. 144) (Rereported) (Concurrence) An Act amending the act of April 9, 1929 (P.L.343, No.176), BILL ON THIRD CONSIDERATION known as The Fiscal Code, in emergency finance and tax provisions, AND FINAL PASSAGE further providing for declaration of policy and providing for nontaxability of certain income; in emergency COVID-19 response, establishing the Hospitality Industry Recovery Program, providing for SB 49 (Pr. No. 31) -- The Senate proceeded to consideration emergency education relief to nonpublic schools and for emergency of the bill, entitled: education relief to educational entities and repealing provisions relating to Pennsylvania Housing Finance Agency; establishing the Rental and An Act designating the bridge, identified as Bridge Key 8659, Utility Assistance Grant Program; in additional special funds and re- carrying State Route 3037, also known as William Penn Avenue, over stricted accounts, providing for Workers' Compensation Security Fund the Norfolk Southern and Lehigh Valley Rail Management rail lines in transfer to COVID-19 Response Restricted Account; in 2020-2021 the City of Johnstown, Cambria County, as the Reverend Andrew Wil- Restrictions on Appropriations for Funds and Accounts, further provid- liam Tilly, Jr., Bridge. ing for fund transfers; and making appropriations. Considered the third time and agreed to, LEGISLATIVE LEAVES On the question, The PRESIDENT pro tempore. The Chair recognizes the gen- Shall the bill pass finally? tleman from Allegheny, Senator Costa. 150 LEGISLATIVE JOURNAL — SENATE FEBRUARY 5,

Senator COSTA. Mr. President, I request legislative leaves for in our work here in Harrisburg. Hopefully, as we continue to Senator Collett and Senator Anthony Williams. agree on things such as this legislation, that receives additional The PRESIDENT pro tempore. Senator Costa requests legis- attention as well, and I look forward to future collaboration with lative leaves for Senator Collett and Senator Anthony Williams. all of my colleagues over the next 2 years. Without objection, the leaves will be granted. Thank you, Mr. President. The PRESIDENT pro tempore. The Chair recognizes the gen- SPECIAL ORDER OF BUSINESS tleman from Lehigh, Senator Browne. SUPPLEMENTAL CALENDAR No. 1 Senator BROWNE. Mr. President, I want to take an opportu- nity to rise to ask the Members for their overwhelming support BILL ON CONCURRENCE IN HOUSE AMENDMENTS of Senate Bill No. 109 and the amendments that were included SENATE CONCURS IN HOUSE AMENDMENTS by the House for this important measure that will include assis- tance to families and businesses that is necessary during the chal- SB 109 (Pr. No. 144) -- The Senate proceeded to consider- lenging times of this pandemic as we work together to move ation of the bill, entitled: forward in a bipartisan way to address some of the most signifi- An Act amending the act of April 9, 1929 (P.L.343, No.176), cant challenges that we face. Obviously, this is a response to the known as The Fiscal Code, in emergency finance and tax provisions, actions of our colleagues in Washington, D.C., who have contin- further providing for declaration of policy and providing for ued to see the need to move forward on assistance packages to nontaxability of certain income; in emergency COVID-19 response, assist families and the challenges of our economy. Working with establishing the Hospitality Industry Recovery Program, providing for emergency education relief to nonpublic schools and for emergency and acknowledging the work of our colleagues in the House who education relief to educational entities and repealing provisions relating rapidly took up our package as soon as they could to collaborate to Pennsylvania Housing Finance Agency; establishing the Rental and with us to make the changes they believed were necessary to Utility Assistance Grant Program; in additional special funds and re- make this a bicameral, bipartisan package, adding something that stricted accounts, providing for Workers' Compensation Security Fund transfer to COVID-19 Response Restricted Account; in 2020-2021 we have been talking about for at least a year now that, I believe, Restrictions on Appropriations for Funds and Accounts, further provid- reflects what our Washington colleagues want from a very im- ing for fund transfers; and making appropriations. portant program that the House added to our package. Under- standing that the assistance they are providing to businesses to On the question, keep people employed, to keep them operating, should be used Will the Senate concur in the amendments made by the House for those purposes and stay in the field to help with their opera- to Senate Bill No. 109? tions and their employees. Without the changes in this bill, which we are hopeful the The PRESIDENT pro tempore. The Chair recognizes the gen- Governor will accept, there would be a problem with how our tleman from Columbia, Senator Gordner. Tax Code, unlike the Internal Revenue Code, would treat grants Senator GORDNER. Mr. President, I move that the Senate do out of the very important Paycheck Protection Program, that we concur in the amendments made by the House to Senate Bill No. would be taxing those forgivable loans and including money 109. from those loans in our Treasury, rather than having them out in the field keeping people employed. That was an important On the question, change the House made, insuring that the very important assis- Will the Senate agree to the motion? tance Washington was providing directly to families for rebates for individuals and families, $600 and $1,200, are not taxed by The PRESIDENT pro tempore. The Chair recognizes the gen- the Commonwealth. These are very important provisions--along tleman from Indiana, Senator Pittman. with the rental assistance program that Senator Pittman led on; Senator PITTMAN. Mr. President, while this has been a very the business assistance program that Senator Stefano led on; and difficult week in our State government in times of somewhat the education components, directly going to some of our most significant disagreement, it is good to see us ending the week in important education institutions, that Senator Martin led on--that a bipartisan, bicameral fashion to advance Senate Bill No. 109 to this Chamber had supported unanimously. I thank all of the the Governor's desk for his signature as what I think is, if not the Members for their support and ask for their consideration for this first, one of the first pieces of legislation to be signed into law. package along with the House amendments. While this legislation is not how I personally would have written Lastly, I wanted to acknowledge something. Obviously, we every word or phrase, it does embody our efforts to collectively have gotten through a tough week in regard to working and being address the ongoing impacts of the COVID-19 pandemic, partic- productive given the weather challenges we have had in the ularly as it relates to the rental assistance piece. I thank my col- Commonwealth. There is a group of people who have been bunk- league, Senator Saval, of the Committee on Urban Affairs and ered in the Capitol, not only working on the Governor's budget, Housing, and also thank Chairman Browne for his work on insur- but also this package. Our Appropriations team, led by our exec- ing that we provide significant rental assistance to tenants with utive director, John Guyer, has been collectively in the Capitol back bills, as well as with utility bills that need to be addressed. working through these important provisions that we need to ad- I believe we have crafted this in a commonsense fashion that will vance to help our communities, and I wanted to make sure, along allow us to drive these dollars out quickly and efficiently, and I with the rest of our staff, that they were acknowledged for their hope this legislation is a harbinger of things to come in our work, hard work. So thank you to all of the Members for their positive collaboratively, to address the impacts of COVID-19. Oftentimes consideration of this bill, and thank you, Mr. President, for your it is the issues that we disagree on that receive the most attention time. 2021 LEGISLATIVE JOURNAL — SENATE 151

The PRESIDENT pro tempore. The Chair recognizes the gen- I worked to encourage that we not forget about families who had tleman from Chester, Senator Kane. issues around rent, utilities, and energy costs as we see money Senator KANE. Mr. President, I have not been here long, but allocated to address those challenges that are so urgent. I want to this is one of the best days I have had here in this Senate. It feels thank all of the Members of the House and Senate who worked good to be focusing on legislation that is going to help working on this legislation. I want to say to constituents who are out there people and working families get back on their feet, and I applaud who are in the hospitality industry and the food services industry that. I will keep my remarks short, but I want to speak directly to who have been reaching out to us and asking for help, that today, my constituents. To all the people I have talked to who are hurt- I believe we will move forward, and help is on the way. ing, who are struggling to make ends meet and put food on their Again, I applaud the bipartisan nature in which we are ad- tables, I want to tell you, help is on the way. dressing these issues. I am glad today the Senate and House, Thank you, Mr. President. working together, are putting the issues of Pennsylvanians first The PRESIDENT pro tempore. The Chair recognizes the gen- and addressing some critical needs that people certainly have. tleman from Philadelphia, Senator Saval. This should serve as a blueprint for how we need to work to- Senator SAVAL. Mr. President, I rise today to offer my sup- gether to move forward to address the needs of Pennsylvanians port for Senate Bill No. 109 which, among other things, will who need us to continue to do as we are doing today and put distribute hundreds of millions of dollars in assistance to tenants their needs in front of ours. Because in the midst of a pandemic in need. As the pandemic still rages and claims lives across our I am proud that, in the midst of a snowstorm, we are going to be Commonwealth, it is incumbent on us, for reasons of public able to move out this important legislation and get help to the health and sheer humanity, to insure that Federal assistance is people of Pennsylvania. given to as many people in need as possible, as swiftly and as Mr. President, I urge a "yes" vote. equitably as possible. With changes negotiated in a bipartisan The PRESIDENT pro tempore. The Chair recognizes the gen- manner across two Chambers, this bill works to insure that is tleman from Allegheny, Senator Costa. possible and that Federal dollars distributed to Pennsylvania stay Senator COSTA. Mr. President, very briefly, I rise to lend in our Commonwealth and help people in our Commonwealth support to my colleagues who have acknowledged their support stay in their homes. for Senate Bill No. 109 and ask all of my colleagues to join in for I am very grateful to my colleague, Senator Pittman, with the reasons that were stated. We are addressing four major com- whom I serve on the Committee on Urban Affairs and Housing, ponents today with this legislation, and I, too, applaud the work for his leadership on this issue. I am also grateful to the chairs of of our chairpersons of the Committee on Appropriations, Senator the Committee on Appropriations in both Chambers, Senator Browne and Senator Hughes, and their staff, as well as the folks Browne and Senator Hughes, and Representative Saylor and in the House in helping to navigate this through this process. Representative Bradford, and, above all, to their incredibly dili- With respect to the renters' situation, it is something that is gent and hardworking staffs for finding a compromise on this long overdue and we are glad to have a plan in place that is going bill. As the provisions of this bill are enacted, we must continue to be able to drive these dollars out to meet the needs of so many to be vigilant and supportive to our State agencies as they distrib- renters, working in conjunction with our landlords not only to ute the assistance and insure that all the money we have available pay for rent, but also utility assistance. Based in the hospitality makes it to the hands of the people who need it: our constituents, space, I take a moment to recognize my colleagues who have our communities, our neighbors. been advancing this legislation as well as others. Senator Thank you, Mr. President. Brewster and former Senator Iovino, about 10 months ago, intro- The PRESIDENT pro tempore. The Chair recognizes the gen- duced this aspect as one of our seven-point plan that relied on tlewoman from Montgomery, Senator Muth. using State resources, which we are doing here, these are State Senator MUTH. Mr. President, I echo all of my colleagues in dollars, for the purpose of assisting our hospitality community, their claims of support in the sense that this will help a lot of and I am very pleased that we are doing that here today. people, which is incredibly necessary right now, as we all know Finally, in the small business space, I think there is another the struggle is tremendously real for many people across our area, and also on the changes that related to the tax conse- Commonwealth. I want to be mindful, though, as we move for- quences, my colleagues Senator Brewster and Senator Schwank, ward that because of the way the bill is amended, there are con- again, 10 months ago, introduced legislation to exempt, I would cerns from the Department of Revenue regarding the PPP loan say, any resources from the Federal government under the forgiveness not being taxable and also it being permitted to be a CARES Act from income tax. Even going a step further, Mr. deduction of expenses and a possible negative fiscal impact to President, to provide for the deductibility of the PPP proceeds for the Commonwealth, around $220 million. So I just hope that we small businesses is tantamount to a $220-million tax cut to our are able to address this in some capacity to make sure that those small business community, something that we recognize is very who need help get it and that this program is not taken advantage important. While we acknowledge that the Department of Reve- of. nue has expressed concerns about that, I do think it is important Thank you, Mr. President. for us to recognize that between the $145 million for the hospi- The PRESIDENT pro tempore. The Chair recognizes the gen- tality community and $220 million in business tax cuts to small tleman from Philadelphia, Senator Street. businesses, that is a pretty significant day for our small business Senator STREET. Mr. President, I thank you, and I rise to community that we are dealing with here in Pennsylvania. So my again applaud the work of my colleagues and urge a "yes" vote. hat is off to all the folks who worked on this, and again, I ask for I thank the Leadership on both sides of the aisle for their work on a positive vote. this important legislation. I thank Senator Haywood, with whom Thank you, Mr. President. 152 LEGISLATIVE JOURNAL — SENATE FEBRUARY 5,

The PRESIDENT pro tempore. The Chair recognizes the gen- in addition to, when you build into the tax relief that Senator tleman from Jefferson, Senator Dush. Costa just mentioned. Senator DUSH. Mr. President, I rise in support of Senate Bill This is a significant step forward. It is significant in that we No. 109, as well as in support of what the House has done in the are making this step and driving millions of dollars forward, but amendment process. I am most grateful for the fact that I know it is also significant because I think we are laying some kind of the Governor wanted to tax these relief dollars that have been foundation that can be utilized for additional receipts that will given out to the people who have been suffering because of the come through in every category that is being discussed in Senate government's influence and taking away the first right in the Bill No. 109: the small business support, the rental support, and Pennsylvania Constitution of the people, the right to acquire the other forms of assistance that are put together in Senate Bill property. You cannot give with one hand and take away with the No. 109. I have to thank the body and I am thanking all for the other. I am grateful for the House's amendment, and I am glad rapid response when we moved the bill out of the Senate, when that the money that is being used to reimburse our citizens and it was taken up quickly in the House of Representatives, and then our business owners and businesses is going to be reimbursed in brought back to us for an unusual, but important, Friday conven- whole and not have us take additional money out of that money. ing to move this forward. I urge us all to step up, to come to- Thank you very much. gether, and get this thing moving and prepare for a program that The PRESIDENT pro tempore. The Chair recognizes the gen- I think will need more assistance coming forward because the tleman from Philadelphia, Senator Hughes. crisis of the pandemic will still be with us for many months to Senator HUGHES. Mr. President, I appreciate the opportunity come. to speak in the affirmative on Senate Bill No. 109. Before I go Thank you very much, Mr. President. anywhere and talk about any of the details about the legislation, The PRESIDENT pro tempore. The Chair recognizes, for the I have to thank the staff. I will start with the Committee on Ap- second time, the gentleman from Allegheny, Senator Costa. propriations staff who, when they got the first call from the Gov- Senator COSTA. Mr. President, very briefly, one of the previ- ernor's Office that this opportunity was going to be in front of ous speakers indicated that Governor Tom Wolf wanted to tax them, just really put their nose to the grindstone, if you will, their the CARES money that individuals received. I do not believe that collective noses to the grindstone and hammered out, in short is an accurate statement. In fact, it is evident in the fact that he time with a great amount of work, the basics of the program that has agreed to support this measure, which will cost the Common- we have in front of us right now. Mark Mekilo, Mike Deery, wealth, as I mentioned, $220 million in tax revenue. He sup- Toni Marchowsky, the entire Committee on Appropriations staff, ported this measure and supported what has taken place in Senate the Leader's staff on our side, and everyone else who have been Bill No. 109. mentioned so far really engaged, but those first calls that came Thank you, Mr. President. from the administration that we need to really get involved in this And the question recurring, and carve out and craft a program that is going to be responsive Will the Senate agree to the motion? to the needs in the rental community on this issue. Again, I thank them and want to make sure the record reflects the significant The yeas and nays were required by Senator GORDNER and were amount of work that they put in. Most of them were hunkered in as follows, viz: their homes with little babies running around them and they YEA-48 could not really get away from them--although they might have Argall Corman Laughlin Scavello wanted to get away from them for a few minutes--but they could Aument Costa Martin Stefano not get away from them at that time, so thank you all very much, Baker DiSanto Mastriano Street staff, I really appreciate you. Bartolotta Dush Mensch Tartaglione Blake Fontana Muth Tomlinson What I think we may have put together here with this rental Boscola Gordner Phillips-Hill Vogel program is a foundation that can be utilized as more dollars come Brewster Haywood Pittman Ward, Judy through in the future. Clearly, as the pandemic continues, and Brooks Hughes Regan Ward, Kim Browne Hutchinson Robinson Williams, Anthony H. although we are starting to see some relief with more and more Cappelletti Kane Sabatina Williams, Lindsey vaccines being provided to folks, but the pandemic and the ef- Collett Kearney Santarsiero Yaw fects of the pandemic will be with us. This is not going to be the Comitta Langerholc Saval Yudichak only time that we are going to need to get financial support out NAY-0 to our tenants and landlords. So, hopefully, we have crafted a program that is the foundation of what could be utilized going A constitutional majority of all the Senators having voted forward. I think it is important that we are clear that there is a "aye," the question was determined in the affirmative. tendency to believe that, when we talk about rental support for Ordered, That the Secretary of the Senate inform the House tenants and landlords, that our landlords are, the majority of them of Representatives accordingly. are, in big towers and multi-unit complexes and what have you. That, in fact, is not the case. Most of our landlords are, if you CONSIDERATION OF CALENDAR RESUMED will, mom-and-pop operations handling, if you will, what we call THIRD CONSIDERATION CALENDAR RESUMED onesies and twosies, an apartment here, a duplex there, a triplex there, somewhere along that line. These are not mega-owners of BILLS OVER IN ORDER multiple units. These are single operators who are trying to do their best in a very difficult situation that they did not create on SB 8 and SB 55 -- Without objection, the bills were passed their own. Our ability to get them financial relief support is huge, over in their order at the request of Senator GORDNER. 2021 LEGISLATIVE JOURNAL — SENATE 153

BILLS ON THIRD CONSIDERATION Brooks Hughes Regan Ward, Kim Browne Hutchinson Robinson Williams, Anthony H. AND FINAL PASSAGE Cappelletti Kane Sabatina Williams, Lindsey Collett Kearney Santarsiero Yaw SB 84 (Pr. No. 66) -- The Senate proceeded to consideration Comitta Langerholc Saval Yudichak of the bill, entitled: NAY-0 An Act amending the act of August 9, 1955 (P.L.323, No.130), known as The County Code, in district attorney, assistants and detec- A constitutional majority of all the Senators having voted tives, further providing for filling of vacancies. "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate present said bill to Considered the third time and agreed to, the House of Representatives for concurrence.

On the question, SB 86 (Pr. No. 68) -- The Senate proceeded to consideration Shall the bill pass finally? of the bill, entitled: The yeas and nays were taken agreeably to the provisions of An Act amending Title 53 (Municipalities Generally) of the Penn- the Constitution and were as follows, viz: sylvania Consolidated Statutes, in general provisions relating to home rule and optional plan government, further providing for limitation on municipal powers. YEA-48 Considered the third time and agreed to, Argall Corman Laughlin Scavello Aument Costa Martin Stefano Baker DiSanto Mastriano Street On the question, Bartolotta Dush Mensch Tartaglione Shall the bill pass finally? Blake Fontana Muth Tomlinson Boscola Gordner Phillips-Hill Vogel Brewster Haywood Pittman Ward, Judy The PRESIDENT pro tempore. The Chair recognizes the gen- Brooks Hughes Regan Ward, Kim tlewoman from Northampton, Senator Boscola. Browne Hutchinson Robinson Williams, Anthony H. Senator BOSCOLA. Mr. President, I am a "no" vote on Sen- Cappelletti Kane Sabatina Williams, Lindsey Collett Kearney Santarsiero Yaw ate Bill No. 86. The two counties I represent, Northampton and Comitta Langerholc Saval Yudichak Lehigh, are both home-rule counties, and residents of those coun- ties voted to create a home rule charter. Senate Bill No. 86 NAY-0 usurps that for no good reason. When a DA resigns in those counties, it is the decision by the elected commissioners which A constitutional majority of all the Senators having voted decides the replacement. This happens at a public meeting, with "aye," the question was determined in the affirmative. a public vote, where the public can weigh in, and it should re- Ordered, That the Secretary of the Senate present said bill to main that way. The first district attorneys in any county do not the House of Representatives for concurrence. stand for election. They are not up for election, and they may not be the most qualified. At least this process, in my counties, al- SB 85 (Pr. No. 141) -- The Senate proceeded to consideration lows for the public to participate, and it is not a Harrisburg man- of the bill, entitled: date. My residents chose self-governance, and that included a process to replace the district attorney, and we want it to remain An Act amending the act of July 28, 1953 (P.L.723, No.230), that way. It is not broken. In fact, I would suggest that more known as the Second Class County Code, in district attorney, assistants counties do it the way we are doing it, where the public can actu- and detectives, further providing for filling of vacancies. ally weigh in and participate. For those reasons, Mr. President, I am a "no" vote on Senate Considered the third time and agreed to, Bill No. 86. And the amendments made thereto having been printed as The PRESIDENT pro tempore. The Chair recognizes the gen- required by the Constitution, tleman from Philadelphia, Senator Street. Senator STREET. Mr. President, I rise also to express some On the question, concerns about this bill. Like my colleague, Senator Boscola, Shall the bill pass finally? home rule is a provision that is frequently used around the Com- monwealth to allow decisions to be made at the local level. The The yeas and nays were taken agreeably to the provisions of decision for the succession process for the district attorney, I the Constitution and were as follows, viz: believe, should be made at the local level. Mr. President, can I ask for interrogation of the maker of the YEA-48 bill? Argall Corman Laughlin Scavello The PRESIDENT pro tempore. Senator Street asks that the Aument Costa Martin Stefano maker of the bill stand for interrogation. Will the Senator agree Baker DiSanto Mastriano Street to it? Bartolotta Dush Mensch Tartaglione Blake Fontana Muth Tomlinson Senator Martin agrees. Boscola Gordner Phillips-Hill Vogel Proceed with your interrogation, Senator Street. Brewster Haywood Pittman Ward, Judy 154 LEGISLATIVE JOURNAL — SENATE FEBRUARY 5,

Senator STREET. Mr. President, I thank the maker for his operations, but uniformity when there is a vacancy in a district willingness to stand for interrogation. Truly, in the spirit of in- attorney's office. I will point out that last Session we added the quisition, I would ask, is the intent of this provision to obstruct residency requirement for fourth- through eighth-class counties or change the process through which counties can make a deci- because of a situation that occurred in my part of Susquehanna sion around deciding the succession process for home rule? If County that I share with Senator Yaw. The first assistant district not, then what is the intent of the process? attorney did not meet the residency requirements, and he at- Senator MARTIN. Mr. President, the intent--if you notice, tempted to be seated as district attorney living in a different there were three consecutive bills that we voted on, all address- county. So what this three-bill package does is insures continuity ing a different aspect of the County Code, to standardize across of operations and insures that the individual would meet the resi- the Commonwealth the process that would be similar in making dency requirement, all the requirements that a district attorney sure all the provisions, including residency requirements and would meet. whatnot, were all the same. I would also point out that the first assistant district attorney Senator STREET. Mr. President, I would ask additionally, is clearly the individual in the office who knows the operations, were there circumstances under which there were, the fact that knows the cases, and knows the officials who are involved in there were inconsistencies created, challenges, in the opinion of them. So the continuity of operations is crucial. It also is an in- the maker, and if so, could he cite so? terim appointment. It is only a 2-year appointment, and in the Senator MARTIN. Mr. President, this was an issue that was case of that, it means the voters would then more quickly have an brought to us by the Pennsylvania District Attorneys Association opportunity to determine who the district attorney is. It would to create consistency across the Commonwealth, and I would not not, in fact, go for a whole 4-year part of the term. say that there was a specific instance that sparked it, but now, in So for all of those reasons, I strongly stand in support of Sena- looking at how we are lining up these bills between this and, of tor Martin's effort. It is a priority of the District Attorneys Asso- course, the amendment we just put in last week, it standardizes ciation, and I believe that it makes sense for us to follow continu- the process across the board, including the things like residency ity and uniformity of operations. requirements and other requirements to hold the office. Thank you very much, Mr. President. Senator STREET. Mr. President, I thank the maker. The PRESIDENT pro tempore. Does that conclude your inter- And the question recurring, rogation? Shall the bill pass finally? Senator STREET. Mr. President, it does, and I thank the maker. The yeas and nays were taken agreeably to the provisions of The PRESIDENT pro tempore. The interrogation has been the Constitution and were as follows, viz: concluded. The Chair recognizes the gentleman from Philadelphia, Sena- YEA-39 tor Street. Argall Corman Laughlin Scavello Senator STREET. Mr. President, I simply would suggest that, Aument DiSanto Martin Stefano while the maker's intent to set standardization certainly has merit Baker Dush Mastriano Tomlinson in some cases, I think that the process for--Pennsylvania is a Bartolotta Gordner Mensch Vogel large and diverse State, and the process through which home-rule Blake Haywood Phillips-Hill Ward, Judy Brooks Hughes Pittman Ward, Kim counties make decisions about succession, both in this space and Browne Hutchinson Regan Williams, Anthony H. others, is one best left to those counties. Cappelletti Kane Robinson Yaw As many of you know, my father was the mayor of Philadel- Collett Kearney Santarsiero Yudichak Comitta Langerholc Saval phia. During his tenure as mayor, there were many decisions that the city of Philadelphia made as a home rule county that may NAY-9 have been made differently if they were made by the General Assembly. I think decisions that get to be made based on things Boscola Fontana Sabatina Tartaglione that clearly just impact the county should certainly be made Brewster Muth Street Williams, Lindsey Costa whenever possible at the county level. On issues that affect peo- ple across the Commonwealth that have implications that are A constitutional majority of all the Senators having voted cross-county, that is different. But in this case, when we are talk- "aye," the question was determined in the affirmative. ing about how a county decides the succession process for its Ordered, That the Secretary of the Senate present said bill to own district attorney, I see no need for the Commonwealth to the House of Representatives for concurrence. prevent that decision to be made at the county level, and, there- fore, given my general favor of county-based decisions and pro- SECOND CONSIDERATION CALENDAR tecting the rights of home-rule counties to make decisions, Mr. President, I am going to have to be a "no" and urge a "no" vote BILLS ON SECOND CONSIDERATION on this bill. AND REREFERRED The PRESIDENT pro tempore. The Chair recognizes the gen- tlewoman from Luzerne, Senator Baker. SB 36 (Pr. No. 17) -- The Senate proceeded to consideration Senator BAKER. Mr. President, I rise in support of this entire of the bill, entitled: package and acknowledge the work of Senator Martin. He has described the intent of the bill to create not only continuity of 2021 LEGISLATIVE JOURNAL — SENATE 155

An Act amending the act of December 7, 1982 (P.L.784, No.225), BILLS ON SECOND CONSIDERATION known as the Dog Law, in licenses, tags and kennels, further providing AND REREFERRED for transfer of dog licenses or tags and other licensing requirements and for service dogs and dogs used by municipal or State Police depart- ments. SB 116 (Pr. No. 87) -- The Senate proceeded to consideration of the bill, entitled: Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consider- An Act amending Title 37 (Historical and Museums) of the Penn- sylvania Consolidated Statutes, in general provisions, further providing ation. for definitions; in powers and duties of Pennsylvania Historical and Upon motion of Senator GORDNER, and agreed to by voice Museum Commission, further providing for specific powers and duties, vote, the bill just considered was rereferred to the Committee on for personal property and for documents and providing for Common- Appropriations. wealth archival records, for local government archival records and for access to older public records; and, in historic properties, further provid- ing for title to historic property and for powers over certain historic SB 64 (Pr. No. 40) -- The Senate proceeded to consideration property. of the bill, entitled: Considered the second time and agreed to, An Act amending the act of June 30, 1981 (P.L.128, No.43), known Ordered, To be printed on the Calendar for third consider- as the Agricultural Area Security Law, further providing for purchase of agricultural conservation easements, for Agricultural Conservation ation. Easement Purchase Fund and for Land Trust Reimbursement Program. Upon motion of Senator GORDNER, and agreed to by voice vote, the bill just considered was rereferred to the Committee on Considered the second time and agreed to, Appropriations. Ordered, To be printed on the Calendar for third consider- ation. SB 158 (Pr. No. 140) -- The Senate proceeded to consider- Upon motion of Senator GORDNER, and agreed to by voice ation of the bill, entitled: vote, the bill just considered was rereferred to the Committee on Appropriations. An Act amending Title 53 (Municipalities Generally) of the Penn- sylvania Consolidated Statutes, in employees, providing for medals honoring law enforcement officers, for medals honoring fire personnel BILLS OVER IN ORDER and for medals honoring emergency medical services personnel.

SB 78 and SB 96 -- Without objection, the bills were passed Considered the second time and agreed to, over in their order at the request of Senator GORDNER. Ordered, To be printed on the Calendar for third consider- ation. BILL ON SECOND CONSIDERATION Upon motion of Senator GORDNER, and agreed to by voice AND REREFERRED vote, the bill just considered was rereferred to the Committee on Appropriations. SB 106 (Pr. No. 71) -- The Senate proceeded to consideration of the bill, entitled: UNFINISHED BUSINESS ANNOUNCEMENTS BY THE SECRETARY A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, further providing for Lieutenant The following announcements were read by the Secretary of Governor. the Senate:

Considered the second time and agreed to, SENATE OF PENNSYLVANIA Ordered, To be printed on the Calendar for third consider- ation. COMMITTEE MEETINGS Upon motion of Senator GORDNER, and agreed to by voice TUESDAY, FEBRUARY 9, 2021 vote, the bill just considered was rereferred to the Committee on Appropriations. 10:00 A.M. APPROPRIATIONS and EDUCATION Senate (joint public hearing on PASSHE update) Chamber (LIVE BILL ON SECOND CONSIDERATION STREAMED)

SB 113 (Pr. No. 84) -- The Senate proceeded to consideration MONDAY, FEBRUARY 22, 2021 of the bill, entitled: 12:00 P.M. VETERANS AFFAIRS AND Senate EMERGENCY PREPAREDNESS (to Chamber An Act selecting, designating and adopting the Pennsylvania March consider Senate Bill No. 155; and House (LIVE as the official march of the Commonwealth of Pennsylvania. Bill No. 326) STREAMED)

Considered the second time and agreed to, 12:45 P.M. TRANSPORTATION (to consider Senate Senate Bills No. 70 and 120; and House Bills No. Chamber Ordered, To be printed on the Calendar for third consider- 11, 12 and 16) (LIVE ation. STREAMED) 156 LEGISLATIVE JOURNAL — SENATE FEBRUARY 5,

PETITIONS AND REMONSTRANCES become widely recognized not only across Pennsylvania, but across our country. The PRESIDENT pro tempore. The Chair recognizes the gen- Each year heart disease continues to be the leading cause of tlewoman from Philadelphia, Senator Tartaglione. death among women, causing one in three deaths each year. Senator TARTAGLIONE. Mr. President, women are often While it is truly alarming to learn how prevalent heart disease primary caregivers of their families. They care for their spouses, and strokes are among women, it is also reassuring to know that children, and everyone else in their households. But many there are many things we can do to reduce these statistics. These women do not take the time to care for themselves. Women are statistics are the people we love. often the last to seek help if they are struck with a heart attack, Over the last year, we have been faced with the COVID-19 and the first to suffer the ultimate consequence - death. Not only pandemic. Many women have not focused on preventative does heart disease claim the lives of more women than men each healthcare, which is one of the most proactive ways to prevent year, it is also the deadliest of all diseases to affect women. The future health complications. So I say, do not wait until the signs CDC reports that heart disease caused almost 300,000 deaths in of serious trouble are apparent before making your doctor visit. American women in 2017. Mr. President, that is one in every Educate yourself, and then family and friends, of the benefits of five females. The American Heart Association reports that the healthy choices, as Senator Tartaglione spoke about. Diet, exer- broader category of cardiovascular disease, which includes heart cise, lifestyle, and, of course, some risk factors cannot be helped, disease, accounts for one in every three deaths of American like your family history or your age. Others can be managed. So women. we ask that you be aware of the risks and the remedies, and if Year after year, heart disease claims the lives of more Ameri- you are able to, I encourage you to get involved in helping others can women than any other cause, including cancer. Senator through advocacy or financial support. Many of us have mothers, Baker and I are hoping to change those odds. As part of the sisters, aunts, friends, and colleagues who have been impacted by American Heart Association's annual Go Red campaign, we are heart disease. So let us do our part to come together to raise again offering this resolution to insure that women understand awareness, to improve women's health, and to reduce the somber the risks of heart disease, and we are encouraging every woman statistics about heart disease. So I am pleased to stand with my in Pennsylvania to be more aware and proactive in maintaining friend and colleague as we take part and recognize National their own cardiovascular health. Wear Red Day. Go red for women, save a heart, save a life. There are misconceptions about heart disease that could be Thank you, Mr. President. placing many women at heightened risk. One of those myths is The PRESIDENT pro tempore. The Chair recognizes the gen- that heart disease does not affect younger women. In fact, it af- tlewoman from York, Senator Phillips-Hill. fects women of all ages. In younger women, the combination of Senator PHILLIPS-HILL. Mr. President, I rise to join my smoking and birth control pills increases heart disease by 20 colleagues in commemorating February 5 as Wear Red for percent. Overeating and a lack of exercise also increases the risk. Women Day. For many younger women, being born with an underlying heart The American Heart Association has worked tirelessly, condition can also be a risk factor. Another common myth is that through volunteer efforts, to raise awareness every year at this heart disease does not affect women who are physically fit. The time to support women's heart health, as well as serve as a cata- truth is, even those who are very active, even women who work lyst for change to improve the lives of women not just here in out regularly, can be at risk for heart disease. Unhealthy eating, Pennsylvania, or across the United States, but around the globe. smoking, and high cholesterol can deter regular exercise and I am pleased to see our Chamber unite, in a bipartisan way, be- increase your risk. The American Heart Association recommends hind this good cause. If there is one point to make to the people that everyone should have their cholesterol checked regularly at home, it is that 80 percent of all cardiac events can be pre- starting at age 20, especially if you have a family history of heart vented, regardless of gender. Cardiac issues are the greatest disease, and you should keep an eye on your blood pressure, too. health threat we all face, but the good news is that, through life- Mr. President, Senator Baker and I ask our colleagues in the style choices, we can mitigate many of those issues. Senate to participate in National Wear Red Day in support of I am pleased to join with my fellow female colleagues, and all women's health so that we may continue our efforts to reach of my colleagues today, to support Go Red for women and en- every mother, daughter, sister, and woman in the Common- couraging all of the people of this Commonwealth to join with a wealth. I ask for an affirmative vote on this resolution. friend, or a family member, and make a plan to commit to being Thank you, Mr. President. heart healthy. The PRESIDENT pro tempore. The Chair recognizes the gen- Thank you, Mr. President. tlewoman from Luzerne, Senator Baker. The PRESIDENT pro tempore. The Chair recognizes the gen- Senator BAKER. Mr. President, as you can see, both Senator tlewoman from Philadelphia, Senator Tartaglione. Tartaglione and I are wearing red, and many of our female col- Senator TARTAGLIONE. Mr. President, today marks 5,326 leagues are doing so today in honor of National Wear Red Day days since the Pennsylvania legislature last raised the minimum 2021, a day to raise awareness for women's health and the devas- wage. That is more than 14 years, and, Mr. President, it is far too tating impacts of heart disease. I am pleased to be a unified voice long. with my friend and colleague from across the aisle, Senator As I am sure you know, Mr. President, it has been a dozen Tartaglione. We have been recognizing this important day for, I years since Pennsylvania's low-wage workers received even a believe, close to a decade. Thanks in part to the advocacy efforts nominal raise in the minimum wage. That is also far too long. of the American Heart Association, National Wear Red Day has One reason I say it has been far too long is because the good 2021 LEGISLATIVE JOURNAL — SENATE 157 people of Pennsylvania are telling us so, as are Americans across ask for the credentials of he who offers the hand of hope, he the nation, and in all walks of life. They are doing more than just simply thanks God that the helping hand is there." telling us, they are clamoring for us to raise the minimum wage. On February 2, the Dorchester was within 150 miles of Just this week, Yahoo! Finance revealed the result of a na- Greenland when sonar indicated the presence of an enemy sub- tional Harris Poll that it commissioned on this subject. marine in Torpedo Junction. Captain Hans Danielsen, concerned Eighty-three percent of Americans say that a $7.25 minimum for the human lives on board his ship, hoped that they could wage is not enough. Let me repeat that. Not 60 percent, not 70 make it through the night, because with daylight air cover they percent, but 83 percent of Americans said that the minimum could make it safely to port. Many would not live to see that wage should be higher. When they say higher, they are not talk- daylight. In the early hours of February 3, the Dorchester was ing about $8 per hour, or even $9.50 an hour. Seventy-seven torpedoed by the German submarine U-223 off Newfoundland in percent of them think that the minimum wage should be at least the North Atlantic. The torpedo strike instantly killed 100 men $10 an hour. Almost half think it should be at least $13 an hour. in the hull of the ship. An explosion in the engine room blan- Just to be clear, these folks are not thinking ahead by 5 or 6 keted the ship in darkness. The bitter cold waters of the Atlantic years, they significantly want a higher minimum wage, and they rushed into the hull, and the ship began to sink rapidly. The want it today. wounded cried in pain, and the survivors struggled to find the Mr. President, these survey results should come as no surprise exits and the life jackets necessary to survive. In the utter chaos, to any of us in the General Assembly. It has been 2 years since four calm voices spoke words of comfort and brought order to Pennsylvania's own Franklin and Marshall poll reported that 69 the evacuation efforts. percent of voters in the Commonwealth favor a minimum wage On the 70th anniversary of the sinking of the Dorchester, of at least $12. Also, it has been 2 years since 82 percent of Phil- survivor Petty Officer John Maloney recounted that he was reel- adelphia voters said "yes" to a ballot question calling on us, the ing from the cold. He headed back towards his cabin when Rabbi Members of the General Assembly, to adopt a $15 minimum Goode called out to him and asked him, "Where are you going?" wage. Mr. President, the real surprise here is why, after all this He replied, "To get my gloves." "Here, take these," said Rabbi time, and after all the public discourse on what has long been one Goode, as he handed a pair of gloves to the young officer, who of the most researched and most debated public policy issues, would never have survived the trip back to his cabin. The Petty why are we in the General Assembly not going to do what an Officer replied, "I can't take those gloves." "Never mind," the overwhelming majority of our constituents want us to do? Why Rabbi responded. "I have two pairs." Mahoney slipped the gloves are we not raising the minimum wage? over his hands and returned to the frigid deck, never stopping to Earlier this week, we heard Governor Wolf ask us to advance ponder, until later when he had reached safety, that there was no legislation that would raise the minimum wage to $12 this year, way Rabbi Goode would have been carrying a spare set of and put it on a path to $15. This proposal agrees with the mini- gloves. Only later, he came to a new understanding of what was mum wage bill I introduced last Session, and it agrees with the transpiring in the mind of the fearless Chaplain. Somehow, Rabbi new Senate Bill No. 12 that I will introduce soon. I urge my col- Goode suspected that he, himself, would never leave the leagues to support the bill and deliver the minimum wage raise Dorchester alive. that Pennsylvanians want. Rabbi Goode, Reverend Fox, Reverend Poling, and Father Thank you, Mr. President. Washington not only comforted the wounded and the dying with The PRESIDENT pro tempore. The Chair recognizes the gen- the word of God, they valiantly succeeded in getting many of the tlewoman from York, Senator Phillips-Hill. soldiers out onto the deck of the sinking vessel. With calm Senator PHILLIPS-HILL. Mr. President, I rise today to com- strength and organization, the Chaplains directed men to the memorate the observance of Four Chaplains Day. Each February safety of lifeboats. In less than 20 minutes, the Dorchester was 3, this day of remembrance is celebrated across our nation and almost gone. The Chaplains continued to pass out life jackets our Commonwealth. Rabbi Alexander Goode, a Jewish Rabbi; until they realized that the lockers were all empty and the life Reverend George Fox, a Methodist Minister; Reverend Clark jackets were all gone. It was then that these four men of God did Poling, a Dutch Reformed Minister; and Father John Washing- something that would never be forgotten. Together, they sacri- ton, a Catholic Priest; the Four Chaplains. The four newly minted ficed their own hope of survival for men who were almost total First Lieutenants met at the Army Chaplain School at Harvard strangers. It is written that "Greater love hath no man than this, University, where they prepared for assignments in the European that a man lay down his life for his friends." The Chaplains took theater and set sail on the USAT Dorchester to report to their new off their jackets, they gave them to others, and time ran out. The assignments. They boarded the Dorchester on January 23, 1943, Chaplains had done all they could for those who would survive. in the port of New York with 900 others as part of a three-ship The soldiers who reached the lifeboats shared that as they heard transport convoy headed to an Army base in Greenland set to the ship sink below the waters, above it all were the voices of the traverse the frigid North Atlantic waters through the infamous Four Chaplains. "Shma Yisroel Adonai Elohenu Adonai Echod." Torpedo Junction. In the midst of hundreds of young frightened "Our Father, which art in Heaven, Hallowed be Thy name. Thy soldiers packed head to toe below deck were the four Army kingdom come, Thy will be done." The Four Chaplains stood Chaplains, who cast aside their own fears to minister to the needs together arm in arm - Rabbi Goode, Reverend Fox, Reverend of others. Differences among the troops ceased to be important Poling, and Father Washington. In a tribute, one of the 230 survi- when they all shared the same level of fear and uncertainty, vors said, "It was the finest thing I have ever seen this side of whether Protestant, Catholic, or Jewish. The titles of Rabbi, Fa- Heaven." ther, and Reverend were quickly replaced with Chaplain. For it On December 19, 1944, all Four Chaplains were posthu- is said that "When sinking in the quicksand of life one does not mously awarded the Purple Heart and the Distinguished Service 158 LEGISLATIVE JOURNAL — SENATE FEBRUARY 5,

Cross. Congress wished to confer the Medal of Honor, but was no one does something that creates any tax consequences now blocked by the stringent requirements which required heroism that we have resolved this issue. performed under fire. So a posthumous special medal for hero- Thank you, Mr. President. ism, the Four Chaplains Medal, was authorized by Congress and The PRESIDENT pro tempore. The Chair recognizes the gen- awarded by the President on January 18, 1961. This medal was tleman from Allegheny, Senator Costa. never given before, and has never been given since. In York, we Senator COSTA. Mr. President, very briefly, my remarks with find strength in the legacy of the Four Chaplains and of Rabbi respect to the comment that was made was that it was a specific Alexander David Goode, who left the pulpit at Temple Beth individual who referenced Governor Tom Wolf. I recognize, as Israel in 1942 to become an Army Chaplain. Each year, we you indicate, that the Department of Revenue, based upon the gather at the Four Chaplains Memorial for York County's annual law at that point in time, had sent out directives along those lines. breakfast to commemorate and honor the service and sacrifice of The Governor, in his conversations with me and others, I think, the Four Chaplains. Local leaders who live their lives by the in this building and this Chamber, indicated that he was support- values of the Four Chaplains are recognized, and scholarships are ive of Senate Bill No. 109, including the provision that was there awarded to students from Alexander D. Goode Elementary that resulted in a different position than what the Secretary had School to help them pursue an education; a strong foundation for taken up to at that point in time. So I recognize what was stated, a life in which they can give of themselves for the betterment of but, at the end of the day, I have no doubt that the Department of others. Today, I thank the Senate of Pennsylvania for the oppor- Revenue will provide the appropriate notice to the taxpayers of tunity to remember the Four Chaplains, their service, their sacri- Pennsylvania that the PPP language, as well as the language with fice, and their legacy. respect to other CARES resources, will not be subject to tax. I Thank you, Mr. President. have no doubt that that communication will be made as we go The PRESIDENT pro tempore. The Chair thanks the gentle- forward. woman for sharing such an inspirational story. Thank you, Mr. President. The Chair recognizes the gentleman from Columbia, Senator Gordner. BILL SIGNED Senator GORDNER. Mr. President, there was a comment The PRESIDENT pro tempore (Senator Jacob D. Corman III) made earlier by a Senator in regard to a position by the Wolf in the presence of the Senate signed the following bill: administration and the Revenue Department. There was then a follow-up comment made by the Minority Leader in regard to it. SB 109. Some folks from the Caucus that I represent wanted there to be a little bit of a clarification in regard to the issue which Senate RECESS Bill No. 109 has addressed. I just want to make sure that the record states that prior to the passage of Senate Bill No. 109, it The PRESIDENT pro tempore. The Chair recognizes the gen- was, in fact, the position of the Secretary of Revenue to tax the tleman from Columbia, Senator Gordner. proceeds regarding the Paycheck Protection Program. As a mat- Senator GORDNER. Mr. President, I move that the Senate do ter of fact, the Secretary of Revenue had booked around $200 now recess until Monday, February 22, 2021, at 1 p.m., Eastern million in regard to the revenue that would come in for that pro- Standard Time, unless sooner recalled by the President pro tem- gram. pore. So the Secretary of Revenue had put out guidance that said The motion was agreed to by voice vote. those businesses, mostly small businesses that were benefitting The Senate recessed at 1:26 p.m., Eastern Standard Time. from the Paycheck Protection Program, would need to pay taxes in regard to the loans or the forgiveness of loans they were re- ceiving. Through the efforts of the House and the Senate, we have language that is in Senate Bill No. 109 that would correct that and would, in fact, say the Department of Revenue cannot tax that Paycheck Protection Program forgiveness. I am pleased to say that we have word from the Wolf administration that Gov- ernor Wolf intends to sign this bill into law, and that is good news for the small businesses all around this Commonwealth that continue to be challenged during this time. But for the correction of maybe some comments--and I am not sure if one said exactly what they intended to say--but I did just want to say that prior to today's passage of this bill, the Wolf administration, Secretary of Revenue, had indicated that those forgiveness moneys were going to be taxed. We have corrected it with bipartisan support, Governor Wolf has indicated he is going to sign it, and, hopefully, that will resolve the issue. It is tax time. Businesses and individuals are filing returns, so I would admonish and ask the Secretary of Revenue, once the Governor, I trust, signs this bill into law, that they immediately put out new guidance for those businesses and accountants to make sure that